When does attorney-client privilege apply?

Attorney-client privilege is a legal concept that protects certain communications between a client and their attorney from disclosure to third parties. This privilege is fundamental in ensuring that clients can speak freely and openly with their legal counsel without fear that their disclosures will be revealed to others.

The privilege applies specifically to confidential communications made for the purpose of seeking legal advice. This means that the communication must occur in a context where both the attorney and client expect privacy, and the subject matter must be related to legal advice or assistance. For privilege to be invoked effectively, the client must seek out the attorney's expertise and guidance regarding legal issues.

When discussing scenarios where third parties are present, or communications are limited to specific categories such as fraud-related discussions, they may weaken or negate the privilege. Additionally, the notion that attorney-client privilege only applies to communications documented in writing is incorrect. The privilege applies to both oral and written communications, as long as they meet the criteria outlined above. This highlights the importance of understanding the context and purpose behind the communication when considering the applicability of attorney-client privilege.